TN Visa to Green Card Approval (~5 Months) - Marriage to U.S. Citizen

Case History / Issues:

  • Applicant was a Canadian citizen, and was working in the U.S. under valid TN visa status.

  • Applicant married a U.S. citizen.

Strategy:

  • Reviewed case for adjustment of status eligibility, and to ensure no preconceived intent issues, potential employment gap or travel issues, or maintenance of status issues.

  • Reviewed case to assess the merits of the green card application. The applicant and his spouse had sufficient documentation evidencing the bona fides of their marriage, and therefore, should not have an issue securing approval of the I-130 petition.

  • The U.S. citizen was working full-time, and had sufficient employment income to meet the I-864, Affidavit of Support income requirements.

Filing Process:

  • I-130 / I-485 application @ USCIS in Sept. 2021

Biometrics Scheduled:

  • Approx. 2 months after filing

Employment & Travel Authorization Card (EAD/AP) Issued:

  • Not issued - Applicant scheduled for Adjustment interview prior to EAD/AP card issuance!

  • This is a very uncommon occurrence, and speaks to the extensive backlogs and delays in the processing of EAD/AP applications as well as perhaps USCIS’ push to adjudicate U.S. citizen-based applications.

Interview Location:

  • USCIS San Jose field office

Processing Time:

  • Approx. 5 months after filing

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.
 

Green Card, Success StoriesBrian D. Zuccaro, Esq.Marriage US Citizen / LPR, Adjustment of Status